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Antenuptial or Prenuptial Agreement with Release of Rights of Husband...

Hillsborough Florida Antenuptial or Prenuptial Agreement with Release of Rights of Husband in Property of Wife

Name: Hillsborough Florida Antenuptial or Prenuptial Agreement with Release of Rights of Husband in Property of Wife
Brand: US Legal Forms
Rating: 4.62 (246 reviews)

Category:

Family Law - Marriage - Property Agreements - Prenuptial Premarital

State:

Multi-State

County:

Hillsborough

Control #:

US-02504BG

Format:

Instant download

Description

An antenuptial agreement is a written contract created by two people planning to be married. The agreement typically lists all of the property each person owns, as well as their debts, and it specifies what each person's property rights will be after they tie the knot. Antenuptial agreements often specify how property will be divided -- and whether spousal support (alimony) will be paid -- in the event of a divorce.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

At the heart of any valid premarital agreement is the requirement of disclosure. Parties must fully and accurately disclosure all assets and liabilities prior to the writing of the contract. Without adequate disclosure it is difficult to create a binding contract, especially if material facts have been concealed.

In a prenuptial agreement, spouses can decide who owns what and what property rights each spouse will have after the death of the other. The choices made and agreed to in a prenuptial agreement override the laws designed to protect a surviving spouse.

In other words, a valid Antenuptial Agreement will require a negotiation and it requires one party to give something in return for the other party's agreement to the terms of the Antenuptial contract.

What are the most important elements of a good antenuptial agreement? The most important facet of a good premarital agreement is clarity. The second must important facet of a prenuptial is complete and full disclosure. Both parties must disclose all assets and liabilities.

A prenup can also protect any income or assets that you earn during the marriage, as well as unearned income from a bequest or a trust distribution. Without a prenup, you may be required to pay alimony to your ex-spouse. However, with a prenup, you can predetermine a specific alimony amount or even eliminate it.

Prenups are primarily intended to protect assets that are owned at the time of the marriage. Any property acquired after the ceremony is typically considered jointly owned marital property. The equitable distribution of joint property will be determined during the divorce proceedings.

Yes, a prenuptial agreement can help protect inheritances and other separate property acquired before marriage. A prenuptial agreement is signed by spouses before marriage. It can include provisions about property division and distribution should the couple divorce in the future.

Your prenup can cover only what you want it to cover. For example, if you're solely worried about protecting your pre-marital property, you can limit your premarital agreement to that issue alone.

A prenuptial agreement cannot include personal preferences, such as who has what chores, whose name to use, where to spend the holidays, information on child-rearing, or what relationship to have with specific relatives. Premarital agreements are meant to address monetary issues.

A valid prenup is legally binding, so whatever you and your partner put into it should stand up in court if you eventually divorce (though every case is different). You can protect physical property, money and other assets that you're bringing into the marriage so that they remain yours after divorce.

Hillsborough Florida Antenuptial or Prenuptial Agreement with Release of Rights of Husband in Property of Wife

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